Melbourne University apologises after casual academics allegedly threatened

The Fair Work Ombudsman has argued an alleged threat to academics to ‘not expect work next year’ if they claimed additional hours had ‘menace’.

Melbourne University Campus in Carlton. Picture: NCA NewsWire / David Geraghty

One of the nation’s top universities has apologised in court after two of its former casual academics were told to not “expect work next year” if they claimed additional working hours.

The Fair Work Ombudsman claimed the University of Melbourne took adverse action against two of its academics because they exercised a workplace right.

The Federal Court in Melbourne heard on Tuesday that the two academics, who have taught at the university for several years, were threatened in a meeting in August 2020 by a supervisor that “if you claim outside your contracted hours, don’t expect work next year”.

In February 2021, the supervisor refused to renew the female academic’s contract after she tried to claim an additional five hours for casual academic support.

Both parties have agreed on a penalty of $37,295, with the respondent’s co-operation earning a discount.

Lawyers have apologised on The University of Melbourne’s behalf in the Federal Court on Tuesday. Picture: NCA NewsWire / David Geraghty

Richard Dalton KC, representing the university, apologised on behalf of his client and acknowledged the contravention of section 340 of the Fair Work Act.

“The university apologises for these contraventions,” he said.

“The university has implemented several reforms, oversight, consistency … in the management of casuals in the workforce.”

Mr Dalton acknowledged the regulator would want to send a message, but called for “calm and moderation”.

Fiona Knowles, for the FWO, said employees should be able to make claims without adverse action. “(Telling the academics) ‘if you claim outside your contracted hours, don’t expect work next year’, is different than saying ‘I expect you to be able to get your work done’,” she said. “That’s a threat and it has menace.”

The Fair Work Commission allege a threat was made to two casual academics to prevent them from exercising a workplace right to be paid for extra hours worked. (AAP Image/James Ross)

Justice Craig Dowling reserved his decision for a later date.